Republican gubernatorial hopeful Mark Fisher is planning to head to court after falling short of a primary ballot spot.

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Fisher's spokeswoman said Monday the Shrewsbury businessman will ask a judge to intervene. The case has threatened a rift among Massachusetts Republicans.

Fisher has been looking to raise money for a possible challenge to the recent GOP state convention vote.

Charlie Baker easily won the party's endorsement for governor.

Party officials said Fisher, a tea party member, received 14.765 percent of the delegate vote, just shy of the 15 percent required. The party counted blank votes toward the total. Had those not been included, Fisher would have qualified.

Baker said he respects Fisher's decision and he's confident the party will work to ensure the process was fair. He said if it's determined a primary is needed, he'll welcome it.